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(영문) 대전지방법원 2015.11.26 2015구합102087
원인자부담금부과처분취소
Text

1. The Defendant’s disposition imposing charges on the Plaintiff on March 26, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. According to the Urban Development Act, the Plaintiff is a corporation that implements an urban development project (hereinafter “instant project”) as follows at KRW 633, Sung-dong, Daejeon Seo-gu, Daejeon (hereinafter “Seongsung-dong”).

B. In accordance with Article 61 of the Sewerage Act and Article 20 of the Daejeon Metropolitan City Sewerage Use Ordinance (hereinafter “instant Ordinance”), the Defendant calculated the amount of KRW 1,357,475,230 per ton unit price of KRW 767,89,00,000 per ton, applying the maximum amount of sewage generated per day under the framework plan for sewerage maintenance in Daejeon Metropolitan City (hereinafter “instant Ordinance”), with respect to the instant project, and issued a disposition on March 26, 2015, imposing the amount of KRW 1,357,475,230,000, which is the cost of installing the public sewage treatment plant (hereinafter “the instant burden burden”).

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition】 The fact that there is no dispute, each entry of Gap’s 1 through 3 (including numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is to revoke the instant disposition in that it is unlawful for the following reasons.

1) Article 20(1) of the instant Ordinance (hereinafter “instant Ordinance Provisions”)

(2) Although Article 61(2) of the Sewerage Act provides that the public sewerage management authority shall decide on whether to impose all or part of the amount borne by the public sewerage management authority, and whether to have the amount borne by the burden borne by the public sewerage authority perform necessary construction instead of paying the amount borne by the public sewerage, it uniformly deprives the discretionary authority by specifying it as a binding act, which goes beyond the limit of the delegated legislation, and thus, the disposition of this case is unlawful. Accordingly, Article 20(2) of the Ordinance of this case provides that the amount borne by the public sewerage management authority shall be calculated by mechanically multiplying the maximum amount of sewage generation per day under the framework plan for sewerage maintenance in the Daejeon Metropolitan City, Daejeon Metropolitan City by the unit price per unit. This is an incidental construction as prescribed by the Presidential Decree.

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